UK bosses facing a workplace poser

Shropshire Star ~ Jun 27, 2005

According to a Health and Safety Executive report, nearly one-third of all workers under the age of 30 had taken illegal drugs in the last year.

Drug and alcohol abuse in the workplace has far-reaching effects, including low productivity, accidents and breaches of health and safety requirements, lower profit margins, increased absenteeism, damage to the organisation's reputation, theft and lower morale.

What's more, the use and supply of drugs in the workplace could result in criminal sanctions being taken against the employer under the Misuse of Drugs Act 1971 if you are aware that illegal drugs are being used on your premises.

It's not surprising, then, that a number of high-profile employers have been making moves to test for drug and alcohol abuse among their employees.

However, such testing is a potential minefield: an employer must be careful not to breach an employee's human rights and must comply with the latest Data Protection Act as the analysis of blood or urine samples involves electronic processing of data.

Before introducing testing, employers are advised to establish a clear drugs and alcohol policy, and distribute it to all employees. Such a policy would generally include or address the following points:

* A general statement covering the background to the policy, including any legal obligations.
* A clear outline of its aims and purposes, including the balance between discipline and support for employees.
* Details of the responsibilities of different staff and training and guidance available.
* Types of employee covered by the policy and whether there are restrictions for any particular group, for example those operating heavy machinery.
* Definitions of what constitutes alcohol and drugs misuse and rules regarding prescription medication.
* Any disciplinary action that would be invoked following a policy breach.
* Information on safe drinking limits, classes of drugs, the effects of alcohol and drugs and where to receive help.
* An overview of any testing process, including an explanation of why tests are to be carried out and when, who administers the test and what happens if the tests prove positive or the employee admits to dependency during the testing process.

A word of warning. Should a member of staff test positive and you wish to dismiss them (off-duty drinking or drug taking would not generally be sufficient grounds for dismissal unless these activities effect their ability to carry out their job) you must follow the requisite dismissal and disciplinary procedures as laid down in legislation to avoid a claim for unfair dismissal.